Legal Positivism in a Global and Transnational Age

Legal Positivism in a Global and Transnational Age

Author: Luca Siliquini-Cinelli

Publisher: Springer Nature

ISBN: 9783030247058

Category: Law

Page: 315

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A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.

International Law and Peace Settlements

International Law and Peace Settlements

Author: Marc Weller

Publisher: Cambridge University Press

ISBN: 9781108571258

Category: Law

Page:

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International Law and Peace Settlements provides a systematic and comprehensive assessment of the relationship between international law and peace settlement practice across core settlement issues, e.g. transitional justice, human rights, refugees, self-determination, power-sharing, and wealth-sharing. The contributions address key cross-cutting questions on the legal status of peace agreements, the potential for developing international law, and the role of key actors – such as non-state armed groups, third-state witnesses and guarantors, and the UN Security Council – in the legalisation and internationalisation of settlement commitments. In recent years, significant scholarly work has examined facets of the relationship between international law and peace settlements, through concepts such as jus post bellum and lex pacificatoria. International Law and Peace Settlements drives forward the debate on the legalisation and internationalisation of peace agreements with diverse contributions from leading academics and practitioners in international law and conflict resolution.

After Meaning

After Meaning

Author: d’Aspremont, Jean

Publisher: Edward Elgar Publishing

ISBN: 9781802200928

Category: Law

Page: 168

View: 401

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Inspiring and distinctive, After Meaning provides a radical challenge to the way in which international law is thought and practised. Jean d’Aspremont asserts that the words and texts of international law, as forms, never carry or deliver meaning but, instead, perpetually defer meaning and ensure it is nowhere found within international legal discourse.

Territorial Disputes and State Sovereignty

Territorial Disputes and State Sovereignty

Author: Jorge E. Núñez

Publisher: Routledge

ISBN: 9781000082364

Category: Law

Page: 220

View: 767

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Adopting a multi-disciplinary approach, this book opens new ground for research on territorial disputes. Many sovereignty conflicts remain unresolved around the world. Current solutions in law, political science and international relations generally prove problematic to at least one of the agents part of these differences. Arguing that disputes are complex, multi-layered and multi-faceted, this book brings together a global, inter-disciplinary view of territorial disputes. The book reviews the key conceptual elements central to legal and political sciences with regards to territorial disputes: state, sovereignty and self-determination. Looking at some of the current long-standing disputes worldwide, it compares and contrasts the many issues at stake and the potential remedies currently available in order to assess why some territorial disputes remain unresolved. Finally, it offers a set of guidelines for dispute settlement and conflict resolution that current remedies fail to provide. It will appeal to students and scholars working in international relations, legal theory and jurisprudence, public international law and political sciences.

Entangled Legalities Beyond the State

Entangled Legalities Beyond the State

Author: Nico Krisch

Publisher: Cambridge University Press

ISBN: 9781108906586

Category: Law

Page:

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Law is usually understood as an orderly, coherent system, but this volume shows that it is often better understood as an entangled web. Bringing together eminent contributors from law, political science, sociology, anthropology, history and political theory, it also suggests that entanglement has been characteristic of law for much of its history. The book shifts the focus to the ways in which actors create connections and distance between different legalities in domestic, transnational and international law. It examines a wide range of issue areas, from the relationship of state and indigenous orders to the regulation of global financial markets, from corporate social responsibility to struggles over human rights. The book uses these empirical insights to inform new theoretical approaches to law, and by placing the entanglements between norms from different origins at the centre of the study of law, it opens up new avenues for future legal research. This title is also available as Open Access.

Negative Comparative Law

Negative Comparative Law

Author: Pierre Legrand

Publisher: Cambridge University Press

ISBN: 9781009063203

Category: Law

Page:

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Written under the sign of Beckett, this book addresses comparative law's commitment to the deterritorialization of the legal and its attendant claim for the normative relevance of foreign law locally in the fabrication of statutory determinations, judicial opinions, or academic reflections. Wanting to withstand the law's persistent tendency towards nationalist retrenchment and counter comparative law's institutional marginalization, the fifteen essays at hand impart radical and discerning intellectual equipment in order to foster the valorization of the legally foreign and the comparative motion. In particular, the critique informing this manifesto examines pre-eminent topics like culture and difference, understanding and translatability, objectivity and truth, invention and tracing. Harnessing insights from a range of disciplinary discourses, this book contends that comparatists must boldly desist from their field's dominant epistemology and embrace a practice much better attuned to the study of foreignness.

Research Methods

Research Methods

Author: Michael Hammond

Publisher: Routledge

ISBN: 9780429603402

Category: Social Science

Page: 232

View: 861

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This book provides an overview of ninety key concepts which often trouble those who are new to researching within the social sciences. It covers theories of knowledge, methodologies and methods. Each entry offers a definition of a concept, shows how researchers have used that concept in their research and discusses difficulties that the concept presents. The book supports those undertaking their own social research projects by providing detailed critical commentary on key concepts in a particularly accessible way. In exploring these concepts, a wide range of research reports across many different fields are described. These include not only classic accounts, but also a broad selection of recent studies, some written by new researchers. The book will be useful for higher-education students carrying out projects within social science faculties at the end of their first degree or during a master's programme, though it will also be helpful for those undertaking doctoral research, and some entries have been written with the production of a thesis in mind. This second edition of Research Methods: The Key Concepts provides a more comprehensive and up-to-date coverage, as old entries have been updated and 19 new entries added. It helps new researchers to navigate the changing landscape of social research by recognising a) the changes in the ways researchers are thinking about knowledge and acquiring knowledge, b) the increasing use of digital tools to collect data, and c) the desire many contemporary researchers feel to promote social justice through their research.

International Legal Theory

International Legal Theory

Author: Jeffrey L. Dunoff

Publisher: Cambridge University Press

ISBN: 9781108427715

Category: Law

Page: 449

View: 238

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A reader-friendly overview of leading theoretical approaches to international law for students, scholars, and practitioners.

A New International Legal Order

A New International Legal Order

Author: Chia-Jui Cheng

Publisher: BRILL

ISBN: 9789004328549

Category: Law

Page: 379

View: 452

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This book deals with a new international legal order in the use of force, self-determination, environmental law in practice, the new law-making role of international organizations, international economic law, air and space law, as well as humanitarian law.

Private Power and Global Authority

Private Power and Global Authority

Author: A. Claire Cutler

Publisher: Cambridge University Press

ISBN: 052153397X

Category: Law

Page: 332

View: 492

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Transnational merchant law, which is mistakenly regarded in purely technical and apolitical terms, is a central mediator of domestic and global political/legal orders. By engaging with literature in international law, international relations and international political economy, the author develops the conceptual and theoretical foundations for analyzing the political significance of international economic law. In doing so, she illustrates the private nature of the interests that this evolving legal order has served over time. The book makes a sustained and comprehensive analysis of transnational merchant law and offers a radical critique of global capitalism.

Formalism and the Sources of International Law

Formalism and the Sources of International Law

Author: Jean d'Aspremont

Publisher: OUP Oxford

ISBN: 9780191504839

Category: Law

Page: 288

View: 681

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This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyses the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the traditional sources of international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism). This paperback edition features the author's discussion of this book on the EJIL Talk blog.